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One critical element of the laws of war is a concept known as "belligerent privilege," which stipulates that combatants may legally kill other combatants but may not target civilians. What, then, does a soldier do about the fact that in modern warfare it can be extraordinarily difficult to tell the difference?

Terrorists often choose to move undetected through the ranks of civilian populations. They hide in plain sight by wearing civilian clothes rather than uniforms or distinctive emblems. "They may be farmers by day and fighters by night," said David Luban, a Georgetown professor of law and philosophy, at an event that was part of the Ethics and War series. What's more, civilians may offer food and shelter to enemy soldiers - do they in the process become combatants? And what, finally, should the soldier do about civilians who are being used as a shield to protect combatants?

These are tricky questions. Luban said the phrasing of the Geneva Convention leaves open the possibility that soldiers may legally target civilians in a conflict zone. Article 48 says the military must discriminate between civilians and combatants at all times. Yet Article 51 notes that civilians shall only enjoy full protection in times of conflict "unless and for such times as they take a direct part in hostilities."

Efforts to clarify these issues have proved to be "highly dangerous," said Luban. In 2009, the Obama administration made a change in the Military Commissions Act to label anyone who materially supports hostilities against the U.S. as an "unprivileged enemy belligerent." As a result, civilians who tacitly support an enemy regime or terrorist organization may be lawfully targeted. Unfortunately, the amendment drew no distinction between those who did so voluntarily and those who did so involuntarily. It other words, a civilian actively helping a terrorist might be construed to be a combatant. But less clear, said Luban, is how the U.S. government would consider an Afghan woman who under duress shelters members of the Taliban.

The lack of consensus, he said, has led to widespread confusion within the military. One soldier told Luban that he didn't "think anyone has worked out what to do when civilians take on certain risks by assisting the enemy," or what to do when "soldiers and civilians are indistinguishable."

It is equally difficult to know how far the military is obligated to go to protect innocent civilians. It is often left to the discretion of an individual solider or unit to make that call, and often in a split second. Luban cited one well-known example in which one British soldier, Frank Richards, was ordered to throw bombs into cellars to target German soldiers during the First World War. When Richards chose to issue a warning cry to alert civilians in hiding, he lost a key advantage over his enemy.

The attitude toward civilians is very different today, Luban said. The unspoken sentiment among soldiers is that "we'll not lose another life for these people." But they are wrong to think this way. Luban cited recent studies that indicate it is in the best interests of soldiers to protect the innocent. Brigades that actively try to prevent civilian casualties tend to take the fewest casualties in their own ranks. "If you're careless in protecting civilians," he argued, "you're careless in everything."

The key, Luban said, is establishing clear boundaries. Wars are inevitable, and no matter how compelling the moral arguments, he argued, "the states that ratify treaties like the Geneva Convention will never accept rules that ruin their own military effectiveness." However, the issues surrounding civilians in war zones must be addressed to ensure that soldiers are not left with a dangerous incoherence. Ultimately, he said, "we need analytic clarity."

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Dr. Farrell earned a Ph.D. in Government from Georgetown University in 2000. He also holds a B.A. and M.A. in Politics from University College Dublin. Previously, he served as Assistant Professor at the University of Toronto, and was a senior research fellow at the Max Planck Institute on Common Goods in Bonn, Germany. He has taught courses on the political economy of European integration, the politics of the Internet, and the comparative political economy of Europe at the University of Toronto and Georgetown University.

Dr. Farrell's publications include: "Constructing the International Foundations of E-Commerce: The EU-US Safe Harbor Agreement," in International Organization, 57,2 (2003); "Trust, Distrust, and Power," in Distrust, ed. Russell Hardin (Russell Sage Foundation, forthcoming); and "Trust and Political Economy: Comparing the Effects of Institutions on Inter-Firm Cooperation," in Comparative Political Studies (forthcoming). Dr. Farrell is a member of the American Political Science Association, the International Society for the New Institutional Economics, the International Studies Association, and the European Union Studies Association

Graham Stuart Lounge

Henry Farrell Associate Professor of Political Science and International Affairs Speaker George Washington University
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This seminar will sketch the transition of Austria's gender relations between the 1960s and the firts decade of the 20th century. Departing from a "(Strong) Male Breadwinner/ Female Home Carer Model," the gender relations in Austria have changed significantly, yet Austria has not adopted a more egalitarien system such as the "Dual Breadwinner/ Marketized Female Carer Model" established in the USA, or the "Dual Breadwinner/ State Carer Model" established in Scandinavian Countries. Instead, Austria has (like Germany and the Netherlands) converted into a "(Weak) Male Breadwinner/ Female Parttime Carer Model".

The seminar will track the significant changes of gender relations - the "emancipatory" processes of rising female partipation in education and wage labor, and the loosening of ties of traditional marriage and family, but also the processes of reproduction of gender inequality in education, work and family. Finally, the seminar will address how social, family and gender policies have contributed to these contradictory developments.

Professor Max Preglau (Sociology, University of Innsbruck) is the 2010-11 Visiting Austrian Chair at The Europe Center.

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The Europe Center
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Professor of Sociology at University of Innsbruck, Austria
Distinguished Austrian Visiting Chair Professor, 2011
max_preglau.jpg PhD

Max Preglau is a professor of Sociology at the Department of Sociology, School of Political Science and Sociology of the University of Innsbruck in Austria. His work focuses on Critical Social Theory and on the comparative Study of Contemporary Societies, Social Inequalities, Welfare Regimes and Social Policies (Austria and EU-Memberstates).

In 2006-07 Preglau was a Joseph Schumpeter Fellow at the Weatherhead Center for International Affairs, Harvard University. Until 1991 he was associate professor, until 1986 assistant professor at the Department of Sociology at the School of Economic and Social Sciences of the University of Innsbruck, Austria. Preglau received his doctoral degree in the Social and Economic Sciences from the Vienna Business School, a post-graduate Diploma in Sociology from the Institute for Advanced Studies in Vienna and his qualification for university teaching (Habilitation) of Sociology from the University of Innsbruck.

Professor Preglau's current research projects include "Comparative Analysis of Social Structures: Austria, Europe and the USA," and "Comparative Analysis of Welfare States and Social Policies: Austria, Europe and the USA."

Courses:
SOC 252: Current Social Change: Austria, Europe and the US
Term: Winter, 3-5 units
Tue/Thur 3:15 - 5:05 PM, 160-127

SOC 253: Rise, Current Challenges and Transformations of the Welfare State
Term: Spring, 3-5 units
Tue/Thur: 3:15 - 5:05 PM, 160-127

Max Preglau Speaker
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Ethical consumerism has been around for a long time—during the revolution, many Americans protested against the Stamp Act of 1756 by refusing to buy tea and other Brit- ish goods. In recent years, ethical consumerism has become an increasingly prominent feature of social life, as new forms of technology have allowed consumers to use their choices in the marketplace to address various environmental, labor and trade concerns.

Surprisingly, relatively little attention has been paid to the moral issues raised by ethical consumerism. Suppose that consumers are morally permitted to use their buying power to pressure companies to treat animals better or to reduce carbon emissions. Does this mean that they can also pressure pharmacies not to stock the “morning after” pill? Can they pressure Wal-Mart not to sell books or music that they find offensive? Even in cases where consumers are pressuring companies to do the right thing, do their actions amount to a kind of vigilante justice?

Waheed Hussain is an assistant professor in the Department of Legal Studies and Business Ethics at the University of Pennsylvania's Wharton School of Business. He has a Ph.D. in Philosophy from Harvard University and an A.B. in Philosophy from Princeton University. His main research interests lie in moral and political philosophy, particularly in those areas that bear on the morality of economic life.

One of his major research projects focuses on the philosophical debate about how best to understand the political concern for freedom. After formulating and defending an interpretation of this concern, he argues that the most attractive economic arrangements from the standpoint of freedom are those that extend democratic forms of decision making into economic life. An example of such an arrangement would be the codetermination system in Germany, which gives representatives of labor a significant role to play in economic decision making.

Other current projects include developing a more adequate understanding of the nature of personal autonomy and its significance in political contexts, examining the role of secondary associations in a capitalist democracy, formulating a moral contractualist account of the duties of corporations and their managers, and assessing the case for the corporation's right (and perhaps duty) to engage in civil disobedience.

At Wharton, Professor Hussain teaches Legal Studies 210, Corporate Responsibility and Ethics and Legal Studies 226, Markets, Morality and the Future of Capitalism, which is cross-listed in both the Philosophy Department at Penn and the Program in Politics, Philosophy and Economics.

Graham Stuart Lounge

Waheed Hussain Assistant Professor, The Wharton School Speaker University of Pennsylvania
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Larry Diamond
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Two decades after the fall of Soviet-bloc dictatorships, popular movements for democracy are erupting in the last regional bastion of authoritarianism: the Arab world.

So far, only Tunisia's dictator, Zine el-Abidine Ben Ali, has been toppled, while Egypt's President Hosni Mubarak - who has ruled that ancient land longer than many pharaohs - announced Tuesday that he will step down in September. But other Arab autocrats are bound to go. From Algeria to Syria to Jordan, people are fed up with stagnation and injustice, and are mobilizing for democratic change.

So, what happens when the autocrat is gone? Will the end of despotism give way to chaos - as happened when Mobutu Sese Seko was toppled in 1997 after more than 30 years in power in Zaire? Will the military or some civilian strongman fill the void with a new autocracy - as occurred after the overthrow of Arab monarchs in Egypt and Iraq in the 1950s, and as has been the norm in most of the world until recently? Or can some of the Arab nations produce real democracy - as we saw in most of Eastern Europe and about half the states of sub-Saharan Africa? Regime transitions are uncertain affairs. But since the mid-1970s, more than 60 countries have found their way to democracy. Some have done so in circumstances of rapid upheaval that offer lessons for reformers in Tunisia, Egypt and other Arab countries today.

Unite the democratic opposition.

When a dictatorship is on the ropes, one thing that can rescue it is a divided opposition. That is why autocrats so frequently foster those divisions, secretly funding a proliferation of opposition parties. Even extremely corrupt rulers may generate significant electoral support - not the thumping majorities they claim, but enough to steal an election - when the opposition is splintered.

In the Philippines in 1986, Nicaragua in 1990 and Ukraine in 2004, the opposition united around the candidacies of Corazon Aquino, Violeta Chamorro and Viktor Yushchenko, respectively. Broad fronts such as these - as well as the Concertacion movement that swept Christian Democrat Patricio Aylwin to power in Chile in 1989 after the departure of Gen. Augusto Pinochet - often span deep personal and ideological differences. But the time for democratic forces to debate those matters is later, once the old order is defeated and democratic institutions have been established.

Egypt is fortunate - it has an obvious alternative leader, Mohamed ElBaradei, whom disparate opposition elements seem to be rallying around. Whether the next presidential election is held on schedule in September or moved up, ElBaradei, or anyone like him leading a broad opposition front, will probably win a resounding victory over anyone connected to Mubarak's National Democratic Party.

Make sure the old order really is gone.

The exit of a long-ruling strongman, such as Ben Ali, does not necessarily mean the end of a regime. Fallen dictators often leave behind robust political and security machines. No autocrat in modern times met a more immediate fate than Romania's Nicolae Ceausescu, who was executed by a firing squad of his own soldiers in 1989 just three days after a popular revolution forced him to flee the capital. Yet his successor, Ion Iliescu, was a corrupt former communist who obstructed political reform. Most of the former Soviet states, such as Georgia and Kazakhstan, had similar experiences.

Countries are much more likely to get to democracy quickly if they identify and embrace political leaders who are untainted by the old order and are ready to roll it back.

But also come to an understanding with the old order.

Victorious democrats won't be able to completely excise the pillars of the authoritarian order. Instead, for their country to turn toward democracy, those pillars must be neutralized or co-opted. This old order may descend into violence when, as in Iraq, broad classes of elites are stigmatized and ousted from their positions. In a successful bargain, most old-regime elites retain their freedom, assets and often their jobs but accept the new rules of the democratic game.

Unless the military collapses in defeat, as it did in Greece in 1974 and in Argentina after the Falklands War, it must be persuaded to at least tolerate a new democratic order. In the short run, that means guaranteeing the military significant autonomy, as well as immunity from prosecution for its crimes. Over time, civilian democratic control of the military can be extended incrementally, as was done masterfully in Brazil in the 1980s and in Chile during the 1990s. But if the professional military feels threatened and demeaned from the start, the transition is in trouble.

The same principle applies to surviving elements of the state security apparatus, the bureaucracy and the ruling party. In South Africa, for example, old-regime elements received amnesty for their human rights abuses in exchange for fully disclosing what they had done. In this and other successful transitions, top officials were replaced, but most state bureaucrats kept their jobs.

Rewrite the rules.

A new democratic government needs a new constitution, but it can't be drawn up too hastily. Meanwhile, some key provisions can be altered expeditiously, either by legislation, interim executive fiat or national consensus.

In Spain, the path to democratization was opened by the Law for Political Reform, adopted by the parliament within a year of dictator Francisco Franco's death in 1975. Poland adopted a package of amendments in 1992, only after it had elected a new parliament and a new president, Lech Walesa; a new constitution followed in 1997. South Africa enacted an interim constitution to govern the country while it undertook an ambitious constitution-writing process with wide popular consultation - which is the ideal arrangement.

An urgent priority, though, is to rewrite the rules so that free and fair elections are possible. This must happen before democratic elections can be held in Egypt and Tunisia. In transitions toward democracy, there is a strong case for including as many political players as possible. This requires some form of proportional representation to ensure that emerging small parties can have a stake in the new order, while minimizing the organizational advantage of the former ruling party. In the 2005 elections in Iraq, proportional representation ensured a seat at the table for smaller minority and liberal parties that could never have won a plurality in individual districts.

Isolate the extremes.

That said, not everyone can or should be brought into the new democratic order. Prosecuting particularly venal members of a former ruling family, such as those tied to the Philippines' Ferdinand Marcos, Indonesia's fallen strongman Suharto or now Tunisia's Ben Ali, can be part of a larger reconciliation strategy. But the circle of punishment must be drawn narrowly. It may even help the transition to drive a wedge between a few old-regime cronies and the bulk of the establishment, many of whom may harbor grievances against "the family."

A transitional government should aim for inclusion, and should test the democratic commitment of dubious players rather than inadvertently induce them to become violent opponents. However, groups that refuse to renounce violence as a means of obtaining power, or that reject the legitimacy of democracy, have no place in the new order. That provision was part of the wisdom of the postwar German constitution.

Transitions are full of opportunists, charlatans and erstwhile autocrats who enter the new political field with no commitment to democracy. Every democratic transition that has endured - from Spain and Portugal to Chile, South Africa and now hopefully Indonesia - has tread this path.

Fragile democracies become stable when people who once had no use for democracy embrace it as the only game in town.

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Today is the last day of the Year of the Tiger in Vietnam. Tomorrow is the Year of the Cat (while in China it is Year of the Rabbit).

There was so much talk about Vietnam being an Asian Tiger in the past. Now, there is a growing concern about the country getting into the "middle-income trap." There is a real risk that the country might turn out to be just a cat and not a tiger.

The Party is aware of that threat and is struggling to find the right path to accelerated prosperity for the people while maintaining political monopoly.

This talk will be from the perspective of a man on the ground and will try to separate the smoke from the fire and find the heat.

Mr. Kien Duk Trung Pham is currently the Chairman of Red Bricks Group, a private investment firm. He is the founder of the Vietnam Foundation and the Vice Chairman of the VietNamNet Media Group, the leading multi-channel media company in Vietnam. Prior to VietNamNet he was the founding executive director of the Vietnam Education Foundation.

In business, Mr. Pham was a market development executive in Fortune 500 companies as well as an entrepreneur in technology and consulting startups. In government, he served in the executive branch under Presidents Reagan and Bush, as well as in the U.S. Senate. He has established nonprofit foundations to assist college students, orphans, and the handicapped in Vietnam. Mr. Pham is publicly recognized for his leadership and management abilities.

Mr. Pham is active in international affairs. In 1986, he was chosen a Young Leader by the American Council on Germany, and in 1992 a U.S.-Japan Leadership Fellow by the Japan Society. In 1993, he was elected as a term-member of the Council on Foreign Relations and a participant in the American Assembly. Mr. Pham was the founder and chairman of the Vietnam Forum Foundation, a U.S. nonprofit organization that provides college scholarships, schools, and orphanage support in Vietnam. He was also a Board member of the Vietnam Assistance for the Handicapped, a leading humanitarian program to help war victims. In 1996, Mr. Pham was a recipient of the "Never Fear, Never Quit" Award.

Mr. Pham grew up in Saigon, Vietnam. In 1977, at the age of 19, he led his family on a high sea escape and came to the United States where they settled in Colorado. Mr. Pham became a factory worker, learned English, and later attended college on scholarship. He received a BS in marketing and international business from the University of Colorado at Boulder, and won a scholarship to study in England. His graduate degrees, earned concurrently at Stanford University, include an MBA in international and organizational management, an MA in international economics, and a special diploma in public policy management. In 1990, Stanford University named Mr. Pham among of the "Most Outstanding Alumni" in the school's 100 years of history. Mr. Pham is former White House Fellow and a recipient an honorary JD degree from Pfeiffer University.

Daniel and Nancy Okimoto Conference Room

Pham Duc Trung Kien Executive Chairman Speaker Red Bricks Group (RBG)
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